Felda’s 650 acres takeover in Lahad Datu unconstitutional, Sabah government failed duty to protect villagers

KOTA KINABALU - Judicial Commissioner Douglas Primus has declared in the High Court of Borneo in Kota Kinabalu that the alienation of 650 acres at Tanjung Labian in Tungku, Lahad Datu to the Federal Land Development Authority (Felda) was unconstitutional and therefore null and void.

Douglas ordered Felda to pay damages to the villagers who were the successful applicants for the 650 acres.

He cited Articles 8 and 13 of the Federal Constitution in declaring that the Director of Lands and Surveys and the Sabah Government had also acted unconstitutionally.

“The 650 acres had been approved to the villagers in 1972.”

Douglas further declared that the Sabah Government was further in breach of fiduciary duty in failing to protect and safeguard the proprietary interest of the villagers in the land.

He ruled that the applicants’ claim was not barred by the Limitation Ordinance or the Land Acquisition Ordinance and damages shall be assessed at the date of the judgment.

Felda, the plaintiff, initiated the suit in 2011, applying to the High Court to evict the villagers from part of the land alienated to it, alleging trespassing by the villagers. The suit affected about 5,000 villagers from Tanjung Labian, Lok Buani, Tg Batu, Sungai Bilis and Tanagian.

The villagers in their defence denied trespassing and claimed native customary rights to the land and that part of the land was alienated to some of the villagers by the Department of Lands and Surveys following the approval of the Sabah Government in 1972.

The villagers, as defendants, also counter claimed against Felda, the Registrar of Titles, Assistant Collector of Land Revenues of Lahad Datu, the Director of Sabah Lands and Surveys and the Sabah Government seeking relief, including declarations and damages.

According to the facts of the case, the Orang Asal led by the late K.K. Alian Bin Som, the father of Asrafal Alin, one of the four defendants and a representative of the affected villagers, had applied for three plots of land at Tanjung Labian sometime in 1970. In 1972, following the approval of the Sabah Government, the Director of Lands and Surveys Sabah alienated and surveyed 650 acres to the applicants.

However, the Department of Lands and Surveys did not proceed to issue the land titles to the successful applicants despite the lapse of time.

Sometime in 1979, the Sabah Government had agreed the Federal Land Development Authority or Felda could develop more than 200,000 acres including the land located in Lahad Datu at Tanjung Labian.

Sometime in 1982 or 1983, Felda entered the land to carry out site clearing and oil palm planting activities and planted oil palm in the land alienated to the villagers at the location now known as Sahabat 22.

Felda as the plaintiff was represented by Counsel Gani Zaleka, the defendants were represented by Kong Hong Ming, the Director of Lands and Surveys and the Sabah Government by State counsel Mohammad Abdul Sani.

John Joseph